Current through Bulletin 2024-06, March 15, 2024
(1) If
a qualifying student is enrolled with USDB as the designated LEA:
(a) USDB shall include the qualifying student
in all Board-required enrollment reports including:
(i) fall enrollment counts;
(ii) the child count of students with
disabilities; and
(iii) the
end-of-year enrollment report;
(b) Any agreements between the referring LEA
and USDB shall be documented as part of a written agreement, which shall be
reviewed at least annually;
(c)
(i) A qualifying student's IEP team shall
determine the student's transportation needs;
(ii) USDB shall provide transportation as a
related service in an IEP or if required to implement a 504 plan; and
(iii) A referring LEA shall combine resources
with USDB, whenever possible, to provide within-LEA transportation;
(d)
(i) USDB shall annually administer all
Board-required assessments.
(ii)
USDB may provide alternate tests in accordance with a student's IEP and state
law; and
(e) USDB shall
develop and implement all programs, policies, and procedures required of an LEA
by the Board and state law.
(2) If a qualifying student attends USDB
extension classrooms located within an LEA:
(a) the student shall be enrolled in the
general education program of the LEA school the student is attending;
(b) the LEA school shall be designated as the
'school of record" for the student;
(c) the student shall be included by the LEA
school or district in all required reports and uploads to UTREx;
(d) the student shall be counted in the LEA
school or district total enrollment, and will be included in the calculation of
all funding formulas, including Weighted Pupil Units and Minimum School
Program;
(e) the student shall
receive access to LEA programs and services consistent with their IEP or 504
plan, consistent with services available to other students enrolled in the
student's school;
(f) the student
may not be enrolled in the special education program of the LEA school the
student is attending;
(g) USDB
shall ensure the student receives a free appropriate public
education;
(h) USDB shall ensure
the student receives all special education and related services, including
interpreting services, as required on the student's IEP or 504 plan;
(i) the LEA school shall generate general
education funding or WPU for the student;
(j) USDB shall receive federal IDEA funding
in accordance with USDB's legislative line item funding;
(k) the LEA school shall receive no state or
federal special education funding for the student;
(l)
(i)
USDB shall provide transportation for the student as a related service when it
is included in an IEP.
(ii) an LEA
school shall combine resources with USDB, whenever possible, to provide
within-LEA transportation; and
(m) an LEA school and USDB shall jointly
ensure that any portable classrooms have access to intercom and phone
service.
(3) If a
qualifying student receives USDB outreach or consulting services:
(a) the student shall be enrolled in the
general and special education programs of the LEA school the student
attends;
(b) the LEA shall include
the student in the calculation of state special education and IDEA funds for
the school district or charter school; and
(c) USDB may not submit the students to UTREx
and may not receive state or federal special education funding.
(4) USDB shall provide the
following services free of charge to every LEA, regardless of size, exclusive
of additional related services:
(a)
Educational Resource Center resources, including loaner equipment;
(b) USIMAC materials;
(c) interpreter training;
(d) professional development;
(e) expanded core curriculum;
(f) enrichment programs and
activities;
(g)
consultations;
(h) psychological
assessments for the deaf and the blind;
(i) speech assessments for deaf
students;
(j) behavioral
intervention and supports;
(k)
deaf-blind specialists; and
(l)
deaf-blind interveners.
(5) USDB may offer to provide the following
other services to LEAs for deaf, blind, and deaf-blind qualifying students,
exclusive of additional related services:
(a)
Teachers of the Blind and Visually Impaired or "TVI;"
(b) Orientation and Mobility or "O &
M;"
(c) educational and assistive
technology;
(d) vision
screenings;
(e) low vision support
and evaluations;
(f) extended
school year services in accordance with R277-751;
(g) teachers for the deaf and hard of
hearing;
(h) audiological services;
and
(i) American Sign
Language-English interpreters.
(6) USDB shall provide all funded outreach
services at no cost for qualifying students within an LEA with less than 3% of
the student population statewide.
(7) An LEA with greater than 3% of the
student population statewide shall provide services for qualifying students.
(a) An LEA may contract with USDB to provide
services for students if an LEA has greater than 3% of the student population
statewide.
(i) An LEA and USDB shall sign
contracts prior to initiation of services.
(ii) An LEA shall make payments in two
installments, in January and June.
(iii) The Board may assist USDB in collection
of outstanding balances upon request.
(b) An LEA with greater than 3% of the
student population statewide may opt out and transfer responsibilities for
providing services to USDB subject to legislative appropriation of
funds.
(8) The
Superintendent shall provide a list of LEAs that exceed the 3% threshold by
December 15 for the upcoming school year.
(9) An LEA and USDB may contract for services
beyond those specified in this Rule R277-801.
(10) Notwithstanding this Section R277-801-6,
USDB shall maintain all funded outreach services offered to each LEA, as of the
2017-18 school year.
(11)
(a) USDB may participate in Medicaid time
studies for services provided directly by USDB.
(b) An LEA may not include services provided
directly by USDB in the LEA's Medicaid time studies.
(c) If an LEA contracts with USDB for payable
services, an LEA shall include those services in the LEA's Medicaid time
study.